Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive February 24, 2022 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the January 27, 2022 P&Z Meeting 4 Petition No. SUP 22-02 - Discussion & possible action regarding a request from Gravity Pad Partners for an extension of a previously approved cell tower from 65 feet to 85 feet to accommodate the placement of AT&T wireless communication equipment. Zoning is SF-10 Single Family Residential. The City of Farmington owns the subject property. Located at 5676 College Blvd. (Beth Escobar) 5 Petition No. FP 22-03 - Discussion & possible action regarding a request from Red Shamrock 12, LLC, represented by Basin Surveying, for final plat approval of a five lot commercial subdivision. Zoning is GC: General Commercial. Located at 4109 E. Main St. - This item has been postponed to the March 10, 2022 Planning & Zoning Hearing. 6 Annual election of Chair and Vice Chair 7 Business From Floor: Chairman: Members: Staff: Adjournment If applicable, the recommendation of the Planning & Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, March 8, 2022. Virtual participation is available via Zoom at https://us02web.zoom.us/j/86493470979 or by dialing 1 (253) 215-8782 Meeting ID: 864 9347 0979 Passcode: 513927 ATTENTION PERSONS WITH DISABILITIES The meeting room and facilities are fully accessible to persons with mobility disabilities. If you plan to attend a meeting and need an auxiliary aid or service, please contact the City Clerk's office at 599-1101 or 599-1106, prior to the meeting so arrangements can be made.  Minutes Planning & Zoning Commission January 27, 2022 The Planning & Zoning Commission met in a regular session on January 27, 2022 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. Virtual participation was available via Zoom at https://us02web.zoom.us/j/85329200335 P&Z Members Present: Chair - Joyce Cardon Vice Chair – Clint Freeman Gary Smouse Cheryl Ragsdale Gary Hanson P&Z Members Absent: Mitch Sewell Cody Waldroup Ryan Brown Elizabeth Lockmiller Shay Davis Staff Present: Beth Escobar Tami Spencer Andrea Jones Others Who Addressed the Commission: Barbara Tedrow James Dennis Call to Order Chair Joyce Cardon called the meeting to order at 3:01 p.m. There being a quorum present the following proceedings were duly had and taken. Approval of the Agenda The motion was made by Vice Chair Freeman and seconded by Commissioner Hanson to approve the agenda of the January 27, 2022 Planning & Zoning Commission meeting. This motion passed unanimously by a 5-0 vote. 1 Approval of the Minutes A motion was made by Commissioner Ragsdale and seconded by Commissioner Smouse to approve the minutes of the January 13, 2022 Planning & Zoning Commission meeting. This motion passed unanimously by a 5-0 vote. Swearing of Witnesses Tami Spencer, Administrative Assistant swore in all parties that wished to speak. ____________________________________________________________________________ PETITION NO. ZC 21-83 - Discussion & possible action regarding a Zone Change from IND: Industrial to GC: General Commercial to allow for development of a day care facility at 4615 Gila Street. Planning Manager Escobar presented the following: Petition • Applicant: 3D Enterprises, Inc – Barbara Tedrow • Representative: James Dennis • Location: 4615 Gila Street • Existing Zoning: IND: Industrial • Request: Rezone to GC: General Commercial to allow for development of a child day care facility. Zoning 2  Aerial Map Looking towards Gila Drive 3  Looking South Front of Property 4  2024 Comprehensive Plan Zone Change Criteria Section 8.7.4 of the Uniform Development Code • Consistent with the Comprehensive Plan • No adverse effects identified • Site is physically suitable for proposed use • Adequate infrastructure is in place • Not spot zoning. Properties to the north and west are zoned GC: General Commercial. 5  Public Notice • Letters were sent to seven surrounding property owners. At the time of this report no public input has been received. NAME1 ADDRESS CITYSTATEZIP FARMINGTON, NM 3D ENTERPRISES INC 3101 MCCOLM DR 87402 FARMINGTON, NM GOLDING JAMES 4601 GILA ST 87402 BAYFIELD, CO HOLLEY EDWIN AND HEIDI 2179 ROAD 526 81122-9608 KAIME FAMILY LLC ATTN LAS CRUCES, NM ELIZABETH R KAIME 1830 BOSTON DR 88001 FARMINGTON, NM LARGO PROPERTIES LLC PO BOX 568 87499 8220 SAN PEDRO NE ALBUQUERQUE, NM RED SHAMROCK 12 LLC ET AL STE 500 87113 VARVA DEBORAH PENNINGTON BLOOMFIELD, NM ETAL 401 W BROADWAY 87413 Staff Recommendation The Community Works Department recommends approval of Petition ZC 21-83, a request from 3D Enterprises Inc., Barbara Tedrow, property owner, represented by James Dennis, for a zone change from IND: Industrial to GC: General Commercial to allow for development of a child day care facility with the following conditions of approval: 1. All necessary building permits shall be obtained. 2. A City of Farmington business registration for the day care facility shall be obtained. 3. The site plan for the building permit shall show in detail the archaeological site and planned protection measures. 4. Development shall comply with Section 2.4.16 of the Unified Development Code. Discussion Vice Chair Freeman brought up the fact to Planning Manager Escobar, that historically there were a number of sex offenders in that area. What happens with those people when putting a day care in their backyard? Planning Manager Escobar replied that would be the determination of Ms. Tedrow. Ms. Escobar also stated that she could provide an update to Ms. Tedrow from the police department whether there are any sex offenders in the vicinity so she can make an informed decision. Commission Smouse asked Planning Manager Escobar if the gas line located on the property was an active line. Planning Manager Escobar stated that she did not know whether it is active or not, but there is a setback requirement and there is plenty of room to meet that setback. 6 Barbara Tedrow, 3101 McColm Dr., Farmington, first addressed Vice Chair Freeman’s concern with the sex offenders in the area. She stated that she already has three facilities in the Farmington city limits. She also stated that they register with the County Sheriff’s Office, the Sheriff’s Office responds via email and mail notifying them if there are any registered sex offenders in the area. The Sheriff’s Office sends pictures and addresses of the offenders so she knows how close they will be to the facility. Vice Chair Freeman asked Ms. Tedrow, at one of your existing facilities, is an offender allowed to move in next to your facility, he thought they had to be a certain distance from schools and day care centers. Ms. Tedrow answered that they do, however State licensing states that she has to be aware of the offenders in the area. The childcare facility has to post pictures of the offenders that the Sheriff’s Offices provides, they also have to have locked doors so nobody has access other than the parents or people let in by administration. Vice Chair Freeman also asked Ms. Tedrow by you moving into an offender’s neighborhood, will they be required to relocate? Ms. Tedrow answered that the offender will not have to relocate; it is her responsibility to keep a safe environment which is through the use of a locked facility. Ms. Tedrow then addressed Commissioner Smouse’s question regarding the gas line on the property. Ms. Tedrow stated that the gas line is not active. Ms. Tedrow informed the Commission that upon an acceptance of an offer she contracted with Envirotech to do a Phase I and a Phase II Environmental study since the property was located so close to the Haliburton property, and there were no findings. Chair Cardon asked Ms. Tedrow if she had any questions or had any further documentation to present to the Commission. Ms. Tedrow also wanted to let the Commission know that she had looked into the archeological site. It is a burial site. Her architect took that site into consideration when he had drawn up the plans. Ms. Tedrow also wanted to let the Commission know that she planned to put up a cinder block wall between the childcare facility and the residential area. Chair Cardon closed the public hearing potion of this meeting, and asked the Commissioners for any discussions or if any clarification is needed. Commissioner Smouse stated to Planning Manager Escobar that it is odd that this property is zoned industrial in the middle of the all this general commercial already. Planning Manager Escobar agreed that it is strange to have this little island zoned industrial, but it is not unusual. Mr. Smouse asked if that would take care of all the industrial zoning in that area. Ms. Escobar stated that there is a little piece to the west that is zoned residential use in an industrial zone. Ms. Escobar also stated that they might recall in the comprehensive plan one of the implementation strategies was to look at the zoning throughout the City and proactively address areas where the zoning should be changed. Chair Cardon called for a motion on ZC 21-83. Motion A motion was made by Commissioner Smouse to recommend approval of ZC 21-83 as recommended by staff. Commissioner Ragsdale seconded the motion. The motion carried 5-0. Chair Cardon stated this will be heard by City Council on Tuesday, February 8, 2022, at 6:00 pm. 7 DISCUSSION/POSSIBLE ACTION regarding recommendation of a street name for a private street accessing parcel R0050997 north of E Pinon Frontage Road. Planning Manager Escobar presented the following: Terry and Sheila Chapman had recently purchased Parcel #R0050997 north of E Pinon Frontage Road. They have requested this property receive an address so they can proceed with constructing a new single-family residence. The parcel is 2.50 acres and is accessed from a patent easement running north to south from E Pinon Frontage Road. The Chapmans have requested the easement be named Sheila’s Way. The street number for the parcel would be 5500. There is one other parcel to the north that may be accessed from this patent easement. This parcel could also be accessed from Los Arcos, a private street to the north. Staff requested input from the Fire Department, IT and the Streets Division. No objection was expressed regarding this proposed name. Per Ordinance No. 83-786, all proposed street names within Farmington’s Planning & Platting Jurisdiction must be approved by City Council. A recommendation is required from the Planning & Zoning Commission. Council Action 8 Staff is seeking a recommendation from the Commission approving the name Sheila’s Way for a private street. Discussion Chair Cardon asked Planning Manager Escobar if they needed it named for an address. Planning Manager Escobar stated that was correct, the Chapmans had purchased the property and will be starting to build their new home and needed an address. Commissioner Smouse asked Planning Manager Escobar why this was coming before the Commission. Planning Manager Escobar stated there was a 1986 addressing policy ordinance adopted by the City Council stating that all street names must come to the Planning & Zoning Commission for a recommendation and Council will make the final decision. Commissioner Hanson assumed the reason it came to the Planning Commission it to ensure it does not align with any other street. Ms. Escobar stated that was correct, she checked the database for all addressing in San Juan County to make sure there was no conflict. Chair Cardon called for a motion regarding the recommendation for a street name for a private street affecting parcel number R0050997 north of E. Pinon Frontage Rd. Motion A motion was made by Commissioner Smouse to approve a street name Sheila’s Way for a private street as recommended by staff. Commissioner Ragsdale seconded the motion. The motion carried 5-0. Business from the Floor: There was no business from the floor. Business from the Chair: There was no business from the Chair. Business from the Members: There was no business from Members. Business from Staff: Planning Manager Escobar stated City Council heard the SUP application for the cannabis facility at 4300 Hannon Dr., which the Commission had moved forward with a recommendation of 5-3 to approve. During the Council meeting there was quite a bit of public comment, there was more than what was heard at the Commission meeting. After an extensive deliberation, the Council denied the application with a vote of 2-1. The major reason for the denial was due to impact it would have on the neighbors. Ms. Escobar also informed the Commission that in February they would be having their annual elections. Adjournment: With no further business, a motion to adjourn was made by Vice Chair Freeman and seconded by Commissioner Ragsdale. The motion carried unanimously 5-0 and the meeting was adjourned at 3:24 p.m. ________________________________ _________________________________ Joyce Cardon Tami Spencer Chair Administrative Assistant 9  COMMUNITY WORKS PETITION REPORT Petition SUP 22-02 – Extension of an existing cell tower to 85 feet in height to accommodate collocation of wireless telecommunication equipment on City owned property at NE corner of Pinion Hills and College Blvd, 5676 College Blvd A. STAFF REPORT, February 24, 2022 PROJECT INFORMATION Applicant Gravity Pad Partners II, LLC Representative Kevin Winner Date of January 25, 2022 Application Requested Action Approval of a special use permit to allow for collocation of wireless telecommunications equipment and extension of an existing 65- foot monopole to 85 feet. Location 5676 College Blvd – NE Corner of Pinon Hills and College Blvd Existing Land Porter Arroyo Detention Pond Use Existing Zoning SF-10 Single Family Residential Surrounding North: SF-10 –Federal Land/Lions Wilderness Area Zoning & Land South: LNC – Local Neighborhood Commercial, Undeveloped Use East: S-10– Piedra Vista High School West: OP – Office Professional – Offices and vacant land Notice Publication of Notice for public hearings of the Planning and Zoning Commission and City Council appeared in the Daily Times on Wednesday, February 9, 2022. Property owners within 1000 feet were sent notice by certified mail on Wednesday, February 1 2022. A sign was posted on the property on Thursday, February 10, 2022 Staff Planner Beth Escobar, Planning Manager STAFF ANALYSIS Background The applicant is requesting a Special Use Permit (SUP) to allow for installation of wireless carrier equipment for AT&T, including extension of the existing monopole from 65 feet to 85 feet. 10  City of Farmington SUP 22-02 Gravity Partners II, LLC Wireless Telecommunications Facility Collocation The applicant, Gravity Pad Towers II, LLC received a SUP for construction of a wireless telecommunication facility in 2020. The petitioner has now submitted a SUP for placement of collocation equipment for AT&T at a height of 85 feet. Figure 1. Aerial View The property is bounded on the east by Piedra Vista High School. Property to the north and south is undeveloped, with office buildings to the west. Location of wireless facility 11 EXISTING CELL TOWER AT 65 FEET 12  City of Farmington SUP 22-02 Gravity Partners II, LLC Wireless Telecommunications Facility Collocation VIEW FROM CACTUS TRAIL 13  City of Farmington SUP 22-02 Gravity Partners II, LLC Wireless Telecommunications Facility Collocation Unified Development Code (UDC) The purpose of a Special Use Permit is to allow for discretionary approval of uses with unique operating characteristics. Telecommunication towers and facilities are allowed by right in the IND, Industrial Zone and by special use permit in all other zoning districts. 2.4.56 Telecommunications facilities. (Other use categories; utilities). Telecommunications facilities, including commercial towers, broadcast towers, point-to- point microwave towers, antennas and wireless communication facilities and related facilities shall comply with the standards of this section. Section 2.4.56.A of the UDC outlines the purpose of the regulations in relation to Telecommunication Facilities: Purpose. These regulations are intended to provide for the development of telecommunications facilities to the community while: 1. Protecting residential areas and land uses from potential adverse impacts of towers and antennas; 2. Encouraging the location of wireless facilities in nonresidential areas; 3. Minimizing the total number of wireless communication-sites throughout the community; 4. Encouraging the joint use of new and existing tower sites as a primary option rather than the construction of single-use towers; 5. Encouraging the users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact upon the community is minimal; 6. Encouraging users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; 7. Enhancing the ability of the service providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; 8. Considering the public health and safety associated with wireless communication facilities; and 9. Avoiding potential damage to adjacent properties from tower failure through proper engineering and careful siting of tower structures. In the furtherance of these goals the city shall give due consideration to the comprehensive plan. 14  City of Farmington SUP 22-02 Gravity Partners II, LLC Wireless Telecommunications Facility Collocation UDC 2.4.56.D Collocation Requirements As part of the use regulations for telecommunication facilities, the collocation requirements provide guidance for the orderly deployment of equipment and facilities throughout the region. The placement of AT&T equipment on the existing tower on the subject property complies with these requirements. The placement of the equipment on an existing tower satisfies the goal of limiting a proliferation of cell towers. The applicant has provided information demonstrating this is the best location for the wireless equipment and certifying that AT&T is in compliance with all regulations. Gravity Pad Partners has executed a lease with the City for the wireless facility location. An annual payment of $4,000 will be made to the City for any collocation. UDC 8.9. A. Special Use Permits: A. Except as provided herein or specified in the conditions of a special use permit, ownership of a special use permit is not transferrable. However, special use permits associated with nonresidential uses are transferrable. If this SUP was approved, it could transfer to another owner, carrier or tenant. Special Use Permit Criteria – Section 8.9.4 of the UDC Section 8.9.4 of the UDC sets forth the criteria for review of a special use permit. The section states that a SUP may be approved where it is reasonably determined that there will be no significant negative impact upon residents of surrounding property or upon the public. The criteria for approval is listed as follows: A. Effect on environment: The location, size, design, and operation characteristics of the proposed use shall not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants and shall not be substantially or permanently injurious to the neighboring property. The addition of collocation equipment should not have any detrimental impact. The site was originally approved for an 85-foot tower. B. Compatible with surrounding area: The proposed site plan, circulation plan, and schematic architectural designs shall be harmonious with the character of the surrounding area with relationship to scale, height, landscaping and screening and density. At the current time, this property, and properties to the south and north are undeveloped. There is a dental office to the west across College Blvd. More offices may develop in this area in the future. Areas to the north are federal lands and may never develop. 15  City of Farmington SUP 22-02 Gravity Partners II, LLC Wireless Telecommunications Facility Collocation The intersection of Pinon Hills and College Blvd has an average daily traffic count of 5,000 to 10,000 vehicles. C. External impacts minimized: The proposed use shall not have negative impacts on existing uses in the area and in the city through the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard, or other injurious or noxious impact. The applicant shall provide adequate mitigation responses to the impacts. There are no anticipated negative impacts foreseen from the installation of collocation equipment at the wireless communication facility. There are single-family residences approximately 1,110 feet to the northeast. The Windsor Hills Subdivision is located 1,500 feet to the south. The La Mesa Grande Subdivision is located approximately 3,500 feet to the southeast. Per Section 2.4.56.J, the applicant shall be required to landscape around the ground facility to provide screening. 16  City of Farmington SUP 22-02 Gravity Partners II, LLC Wireless Telecommunications Facility Collocation 17  City of Farmington SUP 22-02 Gravity Partners II, LLC Wireless Telecommunications Facility Collocation D. Infrastructure impacts minimized: The proposed use shall not have negative impacts on existing uses in the area and in the city through impacts on public infrastructure such as roads, parking facilities and water and sewer systems, and on public services such as police and fire protection and solid waste collection, and the ability of existing infrastructure and services to provide services adequately. No concerns have been submitted by the utility review agencies or the police or fire department. Detention Pond E. Consistent with the UDC and Comprehensive Plan: The proposed use will be consistent with purposes of this UDC, the Comprehensive Plan, and any other statutes, ordinances or policies that may be applicable, and will support rather than interfere with the uses otherwise permitted in the zone in which it is located. 18  City of Farmington SUP 22-02 Gravity Partners II, LLC Wireless Telecommunications Facility Collocation 2040 Future Land Use Plan The subject property is designated as ‘Parks’. The use of a large portion of the property for a drainage retention pond diminishes any possibility of future re sidential development. The City may decide at some point in the future to use this property for a recreational facility. F. Parcel size: The proposed use may be required to have additional land area, in excess of the minimum lot area otherwise required by the underlying zoning district, as necessary to ensure adequate mitigation of impacts on surrounding land uses and the zoning district. This parcel is 40.99 acres. The proposed lease area is 2,500 square feet. The property is sufficient in size to support the proposed infrastructure. G. Site Plan: The proposed use shall be required to comply with the site plan review procedures and standards of Section 8.5, site plan review, as specified. A site plan was submitted with the building permit in 2021. It complies with the standards of Section 8.5. There are existing towers located on a bluff north of Pinon Hills Blvd approximately 6,700 feet to the west, at Pinon Hills Golf Course, approximately 7,300 feet to the southwest, and along Main Street at Country Club Drive, approximately 5,600 feet to the southeast and at the intersection of Main and Pinon Hills, approximately 9,000 feet to the east. 19  City of Farmington SUP 22-02 Gravity Partners II, LLC Wireless Telecommunications Facility Collocation Nearby existing tower locations 20  City of Farmington SUP 22-02 Gravity Partners II, LLC Wireless Telecommunications Facility Collocation STAFF CONCLUSION Staff concludes approval of Petition SUP 22-02 is appropriate. The location shall have minimum impact on the surrounding commercial properties. The application meets the criteria for approval of a Special Use Permit. The collocation equipment will provide additional bandwidth for current customers. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition SUP 22-02, a request from Kevin Winner, Gravity Pad Partners II, for placement of a collocation tenant at 85 feet in height on an existing monopole located at 5676 College Blvd., R2001310, subject to the following conditions: 1. Towers and antennae shall be removed, at the owner’s expense, within 180 days of the discontinuance of use unless the City extends this time in writing. 21  City of Farmington SUP 22-02 Gravity Partners II, LLC Wireless Telecommunications Facility Collocation 22  City of Farmington SUP 22-02 Gravity Partners II, LLC Wireless Telecommunications Facility Collocation 23  City of Farmington SUP 22-02 Gravity Partners II, LLC Wireless Telecommunications Facility Collocation 24  City of Farmington SUP 22-02 Gravity Partners II, LLC Wireless Telecommunications Facility Collocation 25  City of Farmington SUP 22-02 Gravity Partners II, LLC Wireless Telecommunications Facility Collocation 26